12-3207.   Same; title to and property in growing trees and shrubs inabutting owners; damage actions; injunctions.The owners of property abutting upon streets, avenues and boulevards incities shall have such title to and property in growing trees, shrubberyand the parking situated in front of such real estate between the curb lineand the property line as to enable the owners, in case of injury to ordestruction of such trees, shrubbery and parking, to recover from theperson, company or corporation causing said injury or destruction the fulldamages which the abutting property in front of which they are situated maysustain by reason thereof, and such abutting property owner shall also havethe right of action in any court of competent jurisdiction to enjoin injuryto or destruction of such trees, shrubbery and parking, except that norecovery or injunction shall be had against the city in the making ofpublic improvements or in any other reasonable exercise of its authorityover such streets, alleys, avenues or boulevards or over the trees andshrubbery located thereon.

      History:   L. 1961, ch. 72, § 7; April 12.